Enforcement agent (agente de execução)
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The agente de execução is the professional who runs civil enforcement proceedings: they carry out seizures, decide on and conduct the sale, and issue the transfer title.
In civil enforcement, most steps are taken not by the judge but by the agente de execução. The agent handles service of documents, notifications, publications, seizures and their registration, settlements and payments (CPC article 719). Enforcement agents are members of the Order of Solicitors and Enforcement Agents (OSAE).
For the sale, the agent decides the method and the , after hearing the creditor, the debtor and the secured creditors (article 812). If anyone disagrees, the judge decides.
Placing the property on e-Leilões, and the information shown there, is also the agent's sole responsibility (rules, article 4). The platform does not check listing data.
Example
Illustrative example: in an auction of a flat, the listing identifies the enforcement agent, with professional licence number, telephone, e-mail and office hours. An interested buyer wants to know whether the property is occupied and how to arrange a viewing. Those questions go to that contact.
In practice, at an auction
After the auction closes, it is the enforcement agent who notifies the winner to deposit the price within 15 days, confirms payment of the taxes, issues the and reports the sale to the land registry (CPC article 827). If the property is not handed over voluntarily, the request for handover is made to the agent.
Tax Authority sales have no enforcement agent: they are run by the tax enforcement office (the local tax office). In insolvencies, the is in charge.